(a) As used in this section, unless the context clearly requires a different meaning:

(1) “Advertise” means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person, or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or, in any directory, or on radio or television or by advertising by any other means designed to secure public attention;

(2) “Approved supervisor” means a licensed marital and family therapist, psychologist or psychiatrist who is either an American Association for Marriage and Family Therapy-approved supervisor or a board-approved marriage and family supervisor;

(3) “Board-approved marriage and family supervisor” means a person who gives to the board evidence of:

(A) Five (5) years full-time experience in marriage and family therapy practice and supervision;

(B) Thirty-six (36) hours of supervision specifically in the skill of providing marriage and family therapy supervision; and

(C) A recommendation for board-approved supervisor status from a supervisor who provided supervision of the supervision referred to in subdivision (a)(3)(B);

(4) “Licensed marital and family therapist” means a person to whom a license has been issued pursuant to this part, which license is in force and not suspended or revoked as of the particular time in question;

(5) “Marital and family therapy” means the diagnosis and treatment of cognitive, affective and behavioral problems and dysfunctions within the context of marital and family systems. Marital and family therapy involves the professional application of psychotherapeutic family systems theories and techniques in the delivery of services to individuals in the context of family systems theory and practice, couples and families;

(6) “Person” means any individual, firm, corporation, partnership, organization or body politic;

(7) “Practice of marital and family therapy” means the rendering of professional marital and family therapy to individuals, couples and family groups, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee;

(8) “Recognized educational institution” means any educational institution that is recognized by the board and by a nationally or regionally recognized educational or professional accrediting body;

(9) “Supervision” means the direct clinical review, for the purpose of training or teaching, by an approved supervisor of a marriage and family therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and

(10) “Use a title or description of” means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification.

(b) Except as specifically provided in § 63-22-113, commencing July 1, 1991, no person who is not licensed or certified as a marital and family therapist under this part shall:

(1) Advertise the performance of marital and family therapy or counseling service by such person; or

(2) Use a title or description such as “licensed or certified marital or marriage therapist, counselor, advisor, or consultant,” or any other name, style or description denoting that the person is a marital and family therapist or practices marital and family therapy.

(c) Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor.

(d) In addition to the foregoing, the department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides.

(e) Nothing in this section shall be construed as permitting any person licensed or certified as a marital and family therapist to engage in the practice of “licensed psychological examiner,” “licensed senior psychological examiner,” “certified psychological assistant,” “licensed psychologist” or “licensed social worker,” as defined in the laws of this state.

(f) Nothing in this section, except subsection (b), applies to any person regulated by the board of nursing.

(g) Nothing in this section permits any person certified or licensed as a marital and family therapist to perform psychological testing intended to measure and/or diagnose mental illness. Consistent with each therapist's formal education and training, licensed marital and family therapists may administer and utilize appropriate assessment instruments that measure and/or diagnose, cognitive, affective and behavioral problems and dysfunctions of individuals in the context of marital and family systems, couples and families as part of the therapy process or in the development of a treatment plan.